Assisted Dying Bill [HL]

marshalled
list of AmendmentS
to be moved
in committee

[Amendments marked * are new or have been altered]

Clause 1

LORD PANNICK

BARONESS NEUBERGER

BARONESS MALLALIEU

BARONESS SHACKLETON OF BELGRAVIA

1

Page 1, line 2, at beginning insert “Subject to the consent of the High Court (Family
Division) pursuant to subsection (2),”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

2

Page 1, line 2, after “person” insert “(“the applicant”)”

3

Page 1, line 2, leave out “request and lawfully” and insert “apply to the Family
Division of the High Court to”

LORD PANNICK

BARONESS NEUBERGER

BARONESS MALLALIEU

4

Page 1, line 4, leave out subsection (2) and insert—

“(2)     Subsection (1) applies only if the High Court (Family Division), by order,
confirms that it is satisfied that the person—

(a)   has a voluntary, clear, settled and informed wish to end his or her
own life;

(b)   has made a declaration to that effect in accordance with section 3;
and

(c)   on the day the declaration is made—

(i)   is aged 18 or over; and

(ii)   has the capacity to make the decision to end his or her own
life; and

(iii)   has been ordinarily resident in England and Wales for not
less than one year.”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

5

Page 1, line 4, leave out subsection (2) and insert—

“(2)     Subsection (1) only applies where the person—

(a)   has capacity commensurate with a decision to end his or her own
life and has a clear, settled and voluntary intention to end his or her
own life;

(b)   has made a written declaration to that effect in the form of the
Schedule before two independent witnesses, one of whom must be
a solicitor in practice; and

(c)   on the day the declaration is made—

(i)   is aged 18 or over; and

(ii)   has been ordinarily resident in England and Wales for not
less than one year immediately prior to making the
13declaration at paragraph (b).”

LORD MAWHINNEY

[As an amendment to Amendment 5]

6*


Line 13, at end insert—


“(iii)   has made a second written declaration to that effect in the
form of the Schedule before two independent witnesses, one
of whom must be a solicitor in practice on the day
immediately before effect is given to his or her decision.”

BARONESS HOWE OF IDLICOTE

7

Page 1, line 10, leave out “one year” and insert “two years immediately preceding
the declaration”

LORD HARRIES OF PENTREGARTH

LORD SINGH OF WIMBLEDON

LORD HOWARTH OF NEWPORT

BARONESS GREY-THOMPSON

8

Page 1, line 10, at end insert-—

“( )   is requesting assistance to end his or her own life voluntarily”

BARONESS BUTLER-SLOSS

9

Page 1, line 10, at end insert—

“( )   has the capacity to make the decision to end his or her own life”

LORD MACKAY OF CLASHFERN

LORD CAVENDISH OF FURNESS

BARONESS GREY-THOMPSON

10

Page 1, line 10, at end insert—

“( )   is making the request on the basis of a fully informed decision”

LORD ALTON OF LIVERPOOL

11

Page 1, line 10, at end insert—

“( )   is able to administer to himself or herself a lethal dose of drugs
through whatever route is normally employed for ingestion of
food.”

LORD MCCOLL OF DULWICH

LORD BROWNE OF BELMONT

LORD MORROW

12*

Page 1, line 10, at end insert—

“( )     No other person apart from the person who is terminally ill may initiate a
request for assistance to end a life.

( )     No registered medical practitioner, registered nurse or other health
professional may suggest that a person consider seeking assistance to end
his or her own life.”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 1 stand part
of the Bill.

Clause 2

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

13

Page 1, line 13, leave out “a registered medical practitioner” and insert “at least two
registered medical practitioners, with one of whom the person has been registered
for medical care for at least six months immediately prior to making the
declaration at section 1(2)(b) and at least one of whom has diagnosed the terminal
illness and treated the person in relation to that terminal illness,”

LORD MAWHINNEY

14*

Page 1, line 13, leave out “a registered medical practitioner” and insert “two
registered medical practitioners independently”

BARONESS MURPHY

15*

Page 1, line 13, leave out “registered” and insert “licensed”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

16

Page 1, line 13, at end insert “incurable and”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

17

Page 1, line 16, leave out paragraph (b) and insert—

“(b)   as a direct consequence of that terminal illness, is reasonably
expected to die within three months of the date of the declaration at
4section 1(2)(b).”

LORD MAWHINNEY

[As an amendment to Amendment 17]

18*


Line 4, at end insert “in the considered view of two registered medical practitioners
not previously involved in treating the person.”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

19

Page 1, line 16, after “a” insert “direct”

20

Page 1, line 16, leave out “reasonably”

21

Page 1, line 17, leave out “months” and insert “weeks”

22

Page 1, line 18, after “symptoms” insert “and does not delay the progression”

23

Page 1, line 19, after “can” insert “halt or”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 2 stand part
of the Bill.

Clause 3

LORD PANNICK

BARONESS NEUBERGER

BARONESS MALLALIEU

24

Page 2, line 2, leave out from beginning to “in” in line 4 and insert “An application
may be made to the High Court (Family Division) under section 1(2) only if—

(a)   the person has made and signed a declaration that he or she has a
voluntary, clear, settled and informed wish to end his or her own
life”

LORD MCAVOY

25

Page 2, line 2, leave out from “person” to “if” in line 3 and insert “may be provided
with assistance with suicide”

LORD MAWHINNEY

26*

Page 2, line 5, leave out “a witness (“ and insert “two witnesses (who up to that
point must not have been known to each other and”

LORD MCAVOY

27

Page 2, line 5, leave out “witness” and insert “solicitor”

28

Page 2, line 6, leave out “directly involved in the person’s care or treatment” and
insert “have any personal or social relationship with the person or expect to receive
any benefit directly or indirectly from the person’s death”

29

Page 2, line 6, after “who” insert “has”

BARONESS MURPHY

30*

Page 2, line 10, leave out first “the” and insert “a suitably qualified”

31*

Page 2, line 10, leave out “registered” and insert “licensed”

LORD MCAVOY

32

Page 2, line 11, after “doctor”)” insert “after consideration by the attending doctor”

BARONESS MURPHY

33*

Page 2, line 13, after “another” insert “suitably qualified”

34*

Page 2, line 13, leave out “registered” and insert “licensed”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

35

Page 2, line 13, leave out “independent” and insert “second”

LORD JOPLING

LORD MAWHINNEY

36

Page 2, line 16, at end insert “nor may either of them countersign a declaration if
they have signed one for anyone during the previous 4 years”

BARONESS MURPHY

37*

Page 2, line 16, at end insert—

“( )     A registered medical practitioner must not countersign more than the
following number of declarations under this Act—

(a)   when acting as attending doctor, 3 in 12 months; and

(b)   when acting as independent doctor, 6 in 12 months.”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

38

Page 2, line 17, leave out “(but not the independent doctor)”

BARONESS MURPHY

39*

Page 2, line 18, leave out “registered” and insert “licensed”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

40

Page 2, line 19, at end insert “but shall—

(a)   be in regular clinical practice and hold a current licence to practice
from the General Medical Council and be registered as a general
practitioner or specialist;

(b)   be the doctor with whom the person requesting assistance to end
his or her own life has been registered for medical care for at least
twelve months and who has been personally involved in that
person’s care for a least six months;

(c)   have visited the person at his or her place of residence at least once
in the three months prior to the making of the declaration;

(d)   not be a relative of the person or have any personal or social
relationship with the person making the declaration;

(e)   be able to communicate with the person making the declaration in
the language of that person’s choice, if necessary via an interpreter
who is not a relative of the person;

(f)   not expect to receive any benefit directly or indirectly from the
death of the person;

(g)   have undertaken no other assessment of a request for assistance
with suicide during the preceding one year; and

the attending doctor must present all assessments for appraisal and
revalidation of a licence to practise as registered with the General Medical
Council.”

41

Page 2, line 19, at end insert—

“( )     The second doctor shall—

(a)   be in regular clinical practice and hold a current licence to practice
from the General Medical Council and be registered as a general
practitioner or specialist;

(b)   not have any personal or social relationship with the person making
the declaration;

(c)   hold such qualification and have such experience in the diagnosis
and management of the person’s terminal illness as the Secretary of
State may prescribe in regulations;

(d)   be able to communicate with the person in the language of the
person’s choice, if necessary via an interpreter who is not a relative
of the person;

(e)   not expect to receive any benefit directly or indirectly from the
death of the person;

(f)   have undertaken no other assessment of a request for assistance
with suicide, either as an attending doctor or as a second doctor, in
the preceding one year; and

the second doctor must present all assessments for appraisal and
revalidation of a licence to practise as registered with the General Medical
Council.”

THE LORD BISHOP OF BRISTOL

BARONESS NICHOLSON OF WINTERBOURNE

42

Page 2, line 19, at end insert—

“( )     The attending doctor and second doctor must be able to communicate with
the person making the declaration in terms which the person understands
and in the language of that person’s choice, if necessary via an interpreter
who is not a relative of the person.”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

43

Page 2, line 21, leave out “independent” and insert “second”

BARONESS MASHAM OF ILTON

44

Page 2, line 22, after “other” insert—

“( )   ”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

45

Page 2, line 24, after “ill” insert “as defined in section 2”

LORD CAVENDISH OF FURNESS

LORD MACKAY OF CLASHFERN

BARONESS GREY-THOMPSON

46

Page 2, line 27, leave out “an” and insert “a fully”

LORD HARRIES OF PENTREGARTH

LORD SINGH OF WIMBLEDON

LORD HOWARTH OF NEWPORT

BARONESS GREY-THOMPSON

47

Page 2, line 28, at end insert- “or resulting from a sense of obligation or duty to
others to die”

BARONESS MASHAM OF ILTON

48

Page 2, line 28, at end insert—

“( )   must conduct such clinical tests as may be necessary to confirm the
diagnosis of the person’s medical condition and the prognosis of its
outcome;

( )   must examine all relevant information relating to the person’s
request including his or her medical records and the results of any
scans, biopsies, and other clinical tests.”

BARONESS GREY-THOMPSON

LORD ALTON OF LIVERPOOL

49

Page 2, line 28, at end insert—

“( )     In reaching the judgments in subsection (3), the attending and the second
doctor shall—

(a)   separately and independently examine the person requesting
assistance to end his or her own life;

(b)   conduct such clinical tests as may be necessary to confirm the
diagnosis of the person’s medical condition and the prognosis of its
outcome;

(c)   examine all relevant information relating to the person’s request
including his or her medical records and the results of any scans,
biopsies, and other clinical tests;

(d)   consult with other healthcare professionals who have been
involved in the person’s care.”

LORD MAWHINNEY

50*

Page 2, line 29, leave out subsection (4) and insert—

“(4)     A person commits an offence if, while acting as the attending doctor or the
independent doctor, he or she countersigns a declaration under subsection
(3), unless he or she is satisfied that the person making that declaration has
been fully informed of the palliative, hospice and other care which is
available to that person.”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

51

Page 2, line 30, leave out “independent” and insert “second”

LORD CAVENDISH OF FURNESS

LORD MACKAY OF CLASHFERN

BARONESS GREY-THOMPSON

52

Page 2, line 31, leave out from “been” to end of line 32 and insert “referred to and
seen by a specialist in palliative care”

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

LORD CORMACK

BARONESS GREY-THOMPSON

53

Page 2, line 32, at end insert “including the provision of appropriate social care and
support from his or her local authority”

BARONESS MURPHY

54

Page 2, line 32, at end insert—

“( )     If the attending doctor or independent doctor has doubt as to a person’s
capacity to make a decision under subsection (3)(b) or (c), before deciding
whether to countersign a declaration made by that person the doctor
must—

(a)   refer the person for assessment by an appropriate specialist; and

(b)   take account of any opinion provided by the appropriate specialist
in respect of that person.”

LORD PANNICK

BARONESS NEUBERGER

BARONESS MALLALIEU

55

Page 2, line 33, leave out from “on” to end of line 34 and insert “such date as the
High Court (Family Division) may order”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

56

Page 2, line 34, leave out “independent” and insert “second”

57

Page 2, line 37, leave out subsection (7)

BARONESS MURPHY

58*

Page 2, line 37, leave out subsection (7) and insert—

“(7)     For the purpose of subsection (1)(b) an attending doctor or independent
doctor is suitably qualified if that doctor holds such qualification or has
such experience, including in respect of the diagnosis and management of
terminal illness, as the Secretary of State may specify in regulations (which
may make different provision for different purposes).”

59

Page 2, line 40, at end insert—

“( )     In this section “appropriate specialist” means a registered medical
practitioner (other than the attending doctor or independent doctor) who
is registered in the specialty of psychiatry in the Special Register kept by
the General Medical Council.”

LORD MAWSON

60

Page 2, line 40, at end insert-—

“( )     The attending doctor and the independent doctor must ensure that the
needs of the patient, and not the institutional requirements of the health
service, are paramount throughout the process established by this Act.”

61

Page 2, line 40, at end insert—

“(8)     The attending doctor and the independent doctor must be able to
communicate with the person making the declaration in the language or
dialect of that person’s choice, and must be satisfied that they are culturally
attuned to the needs of the person.”

62

Page 2, line 40, at end insert—

“(9)     The form in the Schedule must be made available in any language or dialect
requested by the person who is considering making a declaration.”

63

Page 2, line 40, at end insert—

“(10)    Interpreters and translators who assist under subsection (8) or (9) must
hold a relevant professional qualification.

(11)     The Secretary of State may specify by regulations what is a relevant
professional qualification for the purpose of subsection (10).”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

64

Leave out Clause 3 and insert the following new Clause—

“Powers of the Court

(1)     The Court may make an order under this Act in any case where on the
evidence the Court is satisfied beyond reasonable doubt that—

(a)   the provisions of section 1(2) are satisfied;

(b)   to refuse the order would amount to a breach of Article 3 of the
European Convention on Human Rights; and

(c)   to refuse the order would amount to a breach of Article 8 of the
European Convention on Human Rights.

(2)     In deciding whether subsection (1) is satisfied, the Court shall consider the
rights of the applicant and also the rights of others who may be affected by
the applicant’s suicide.

(3)     The Court may in its discretion allow persons in addition to the applicant
to be heard.”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 3 stand part
of the Bill.

After Clause 3

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

65

Insert the following new Clause—

“Capacity of an applicant

For the purposes of this Act, an applicant has capacity commensurate with
a decision to end his or her own life and a clear, settled, informed and
voluntary intention to do so if he or she-—

(a)   is not suffering from any impairment of, or disturbance in, the
functioning of the mind or brain or from any condition which might
cloud or impair his or her judgement;

(b)   is able to communicate clearly an intention to end his or her life;

(c)   has maintained over a reasonable period of time a firm and
unchanging intention to end his or her life;

(d)   is not the subject of influence by, or a sense of obligation or duty to,
others.”

BARONESS BUTLER-SLOSS

VISCOUNT COLVILLE OF CULROSS

66

Insert the following new Clause—

“Capacity to make the decision

(1)     Assistance with suicide under this Act shall not be provided to a person
unless and until it has been established that he or she has the capacity to
make the decision to end his or her own life.

(2)     Unless the attending doctor is satisfied that a person requesting assistance
to end his or her own life has the capacity to make such a decision and is
not suffering from any condition, including but not limited to depression,
which might be impairing his or her judgement, the attending doctor shall
refer the person making the request to a psychiatrist for a specialist
assessment of that person’s capacity.

(3)     Where a person making the request is referred for specialist capacity
assessment, the assessment shall be carried out by a psychiatrist who
shall—

(a)   be on the specialist register as a clinical psychiatrist;

(b)   be unconnected either personally or professionally with either the
attending or the second doctor;

(c)   be unconnected, whether professionally, personally or socially,
with the person making the request for assistance to end his or her
own life.

(4)     If both the attending doctor and the psychiatrist are satisfied that the
person making the request has the capacity to make the decision to end his
or her own life and is not suffering from any condition which might impair
that person’s judgement, the attending doctor shall forward the request to
the second doctor.

(5)     Unless the psychiatrist or the second doctor is satisfied that the person
making the request has the capacity to make the decision, the request shall
not proceed further and the person shall be informed.

(6)     Both the attending doctor and the second doctor shall have had
appropriate training in identifying issues of capacity.”

LORD CARLILE OF BERRIEW

LORD STIRRUP

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

67

Insert the following new Clause—

“Application for a Court order

(1)     The applicant or his or her authorised representative may apply to the
Family Division of the High Court (“the court”) for an order to permit
assistance with suicide in accordance with the rules of the court and any
practice directions which the court may issue.

(2)     When considering applications under subsection (1), the court shall
appoint an independent medical expert or experts to assist the judge in
determining any medical (including mental health) issues and to consider
medical evidence provided by the applicant and any other party to the
proceedings.

(3)     For the purposes of subsection (2), each appointed independent medical
expert shall prepare and submit to the court a written report detailing his
investigation and evaluation of the evidence provided to him.

(4)     The court must be satisfied that the application is based on a level of
capacity as defined in section (Capacity of an applicant).

(5)     Where an order under this section is granted, the court shall appoint—

(a)   a doctor to prescribe a lethal dosage of drugs for use by the
applicant to end his or her life;

(b)   an independent person to collect the drugs referred to in paragraph
(a) and to oversee the act of assisted suicide in accordance with the
order.”

68

Insert the following new Clause—

“Independent person’s report

Each report prepared in accordance with section (Application for a Court
order
)(3) shall be submitted to the Chief Coroner, who will determine
whether an inquest should be held into the death of the applicant.”

LORD HARRIES OF PENTREGARTH

LORD SINGH OF WIMBLEDON

LORD HOWARTH OF NEWPORT

BARONESS GREY-THOMPSON

69

Insert the following new Clause—

“Voluntary request

For the purpose of this Act, a request for assistance with suicide may be
regarded as voluntary if—

(a)   the person seeking such assistance is acting of his or her own free
will and without coercion, pressure or duress from others or from a
sense of obligation or duty to others; and

(b)   the attending doctor and second doctor are satisfied, on the basis of
in-depth discussions with the person making the request and with
others close to him or her, that the request meets the requirements
in paragraph (a).”

LORD CAVENDISH OF FURNESS

LORD MACKAY OF CLASHFERN

BARONESS GREY-THOMPSON

70*

Insert the following new Clause—

“Informed request

(1)     For the purposes of this Act, a request for assistance with suicide may be
regarded as fully informed if the person making the request has been made
fully aware of his or her medical condition and its prognosis, of the
consequences of receiving assistance with suicide and of alternatives to
pursuing such a course, including palliative care, hospice and other care.

(2)     If a person making a request for assistance with suicide under this Act has
not previously been referred to a specialist practitioner in palliative care,
the attending doctor shall refer the person for a consultation with such a
specialist, for an explanation of how pain relief can be achieved, for
treatment (where appropriate) and for a report as to the person’s
understanding of his or her terminal situation.”

BARONESS HOLLINS

71

Insert the following new Clause—

“Commensurate capacity

(1)     For the purposes of this Act, section 1(2) of the Mental Capacity Act 2005
(whereby a person shall be presumed to have capacity unless it is
established that he or she does not) shall not apply.

(2)     Assistance with suicide under this Act shall not be provided to a person
unless and until it has been established that he or she has a level of capacity
commensurate with a decision to end his or her own life.

(3)     If the attending doctor is satisfied that a person requesting assistance to end
his or her own life has capacity commensurate with such a decision, he or
she shall refer the person making the request to a specialist in psychiatry
who should offer two assessments, spaced at least 28 days apart—

(a)   for assessment to confirm that the person is not suffering from a
mental disorder, including but not limited to depression, which
might be impairing his or her judgment, and

(b)   for assessment to confirm that the person has a level of capacity
commensurate with a decision to end his or her own life.

(4)     If the attending doctor has any reservations concerning the presence of the
required level of capacity, he or she shall not consider the request further
and shall so inform the person making the request.

(5)     For the purpose of subsection (3), a specialist in psychiatry shall be—

(a)   registered as a specialist in psychiatry with and hold a current
licence to practice from the General Medical Council;

(b)   trained in assessment of decision-making capacity in persons with
complex illness;

(c)   approved under section 12(2) of the Mental Health Act 1983;

and shall report any involvement in assessment of requests for assistance
with suicide at revalidation and re-licensing appraisals.”

BARONESS NICHOLSON OF WINTERBOURNE

LORD MAGINNIS OF DRUMGLASS

BARONESS O’NEILL OF BENGARVE

72

Insert the following new Clause—

“Clear and settled intention

For the purposes of this Act, a person requesting assistance with suicide
may be regarded as having a clear and settled intention to end his or her
own life if—

(a)   an Advance Declaration in the form of Schedule (Form of Advance
Declaration
) has been made by the person making the request and
witnessed and countersigned by a solicitor at least twelve months
before the making of the request and remains in force at the time the
request is made; and

(b)   the attending doctor and the second doctor are satisfied, on the
basis of in-depth discussions with the person making the request
and with others close to him or her, that the person has a clear and
settled intention to end his or her own life.”

Clause 4

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

73

Page 2, line 42, at beginning insert “Only”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

74

Page 2, line 43, leave out “medicines” and insert “a lethal dosage of drugs”

LORD MAWHINNEY

75*

Page 2, line 43, at end insert—

“(1)     Within 24 hours of prescribing the medicines referred to in subsection (1),
the attending doctor must register, with the General Medical Council, the
name of the person for whom the drugs have been prescribed, the quantity
and doses of the drugs prescribed, his or her advice on how the drugs
should be taken and sign a binding statement that he has observed all the
requirements of this Act.”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

76

Page 2, line 44, leave out “medicines” and insert “lethal dosage of drugs”

THE LORD BISHOP OF BRISTOL

BARONESS NICHOLSON OF WINTERBOURNE

77*

Page 2, line 46, leave out paragraphs (a) and (b) and insert “by the attending
doctor—

“( )   if it has been requested by the person for whom it has been
prescribed”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

78

Page 2, line 46, leave out from “doctor” to end of line 4 on page 3

BARONESS MURPHY

79*

Page 3, line 2, leave out “registered” and insert “licensed”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

80

Page 3, line 5, leave out “assisting health professional” and insert “attending
doctor”

THE LORD BISHOP OF BRISTOL

BARONESS NICHOLSON OF WINTERBOURNE

81

Page 3, line 6, at end insert—

“( )   if the person is able to communicate his or her wishes clearly.”

LORD MAWHINNEY

82*

Page 3, line 7, after “days” insert “and no more than 28 days”

LORD MCAVOY

83

Page 3, line 8, leave out “person’s declaration” and insert “applicant’s request was
approved and”

BARONESS BUTLER-SLOSS

84

Page 3, line 8, at end insert—

“( )   if the person retains the capacity to make the decision to end his or
her own life.”

THE LORD BISHOP OF BRISTOL

BARONESS NICHOLSON OF WINTERBOURNE

85

Page 3, line 8, at end insert—

“( )     Before releasing a lethal dosage of drugs to the person for whom it has been
prescribed the attending doctor shall confirm that—

(a)   the person’s medical condition has not changed in a way that could
call into question the diagnosis and prognosis made by the
attending and second doctors;

(b)   the person retains capacity commensurate with the decision to end
his or her own life;

(c)   the person continues to have a clear and settled intention to end his
or her own life and has reached that decision of his or her own free
will and without pressure, coercion or duress from others or from a
sense of duty or obligation to others;

(d)   the person is able to communicate his or her wishes clearly.”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

86

Page 3, line 9, leave out subsection (3)

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

87

Page 3, line 13, leave out “medicine” and insert “lethal dosage of drugs”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

88

Page 3, line 14, leave out “assisting health professional” and insert “attending
doctor”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

89

Page 3, line 15, leave out “medicine” and insert “lethal dosage of drugs”

LORD ALTON OF LIVERPOOL

90

Page 3, line 16, at beginning insert “if necessary”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

91

Page 3, line 17, leave out “medicine” and insert “lethal dosage of drugs”

LORD ALTON OF LIVERPOOL

92

Page 3, line 17, after “medicine” insert “by whatever route is normally used for
ingestion of food”

93

Page 3, line 18, leave out paragraph (c)

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

94

Page 3, line 19, leave out “medicine” and insert “lethal dosage of drugs”

95

Page 3, line 20, leave out “medicine” and insert “lethal dosage of drugs”

LORD MAWHINNEY

96*

Page 3, line 20, at end insert “at a time not less than 6 hours after the completion of
preparations as set out in paragraphs (a) to (c).”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

97

Page 3, line 21, leave out “assisting health professional” and insert “attending
doctor”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

98

Page 3, line 22, leave out “medicine” and insert “lethal dosage of drugs”

BARONESS CUMBERLEGE

LORD ALTON OF LIVERPOOL

99

Page 3, line 22, at end insert—

“( )     The self-administration of the drug must be carried out in a hospital vested
in the Secretary of State for the purposes of his functions under the
National Health Service Act 2006 or in a hospital vested in a Primary Care
Trust or a National Health Service trust or an NHS foundation trust or in a
place approved for the purposes of this section by the Secretary of State.”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

100

Page 3, line 23, leave out “assisting health professional” and insert “attending
doctor”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

101

Page 3, line 25, leave out “medicine” and insert “lethal dosage of drugs”

102

Page 3, line 26, leave out “medicine” and insert “lethal dosage of drugs”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

103

Page 3, line 27, leave out “assisting health professional” and insert “attending
doctor”

104

Page 3, line 28, leave out “assisting health professional” and insert “attending
doctor”

LORD ALTON OF LIVERPOOL

LORD MAWHINNEY

105

Page 3, line 28, leave out “in close proximity to, but not”

LORD HOWARTH OF NEWPORT

LORD MAWHINNEY

106*

Page 3, line 30, leave out “may” and insert “shall”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

107

Page 3, line 31, leave out “medicines” and insert “lethal dosage of drugs”

108

Page 3, line 33, leave out “such medicines” and insert “lethal dosage of drugs”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

109

Page 3, line 35, leave out “assisting health professional” and insert “attending
doctor”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

110

Page 3, line 37, leave out “medicine” and insert “lethal dosage of drugs”

111

Page 3, line 40, leave out “medicine” and insert “lethal dosage of drugs”

LORD MACKENZIE OF CULKEIN

BARONESS CUMBERLEGE

112

Page 4, line 1, leave out subsection (10)

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

113

Leave out Clause 4 and insert the following new Clause—

“Assistance with suicide

(1)     Any lethal dosage of drugs prescribed under section (Application for a Court
order
)(5)(a) shall be delivered only by the independent person appointed by
the court, only to the person for whom it is prescribed and only after its
delivery has been requested by the applicant and after the applicant has
confirmed in writing that he or she has not revoked and does not wish to
revoke his or her intention to die.

(2)     In respect of a lethal dosage of drugs which has been prescribed under this
Act, the independent person appointed by the court may, if necessary,
prepare that lethal dosage for self-administration by the applicant but shall
not otherwise assist the applicant to ingest it.

(3)     If the applicant is unable to ingest the prescribed lethal dosage of drugs
orally, the court may appoint a doctor or nurse to prepare a medical device
which will enable the applicant to administer the dosage to himself or
herself by another route.

(4)     The independent person appointed by the court shall not take any action or
permit others to take any action to administer the prescribed lethal dosage
of drugs to the applicant.

(5)     The independent person appointed by the court shall remain with the
applicant until the applicant has—

(a)   self-administered the lethal dosage of drugs and died, or

(b)   decided not to self-administer the lethal dosage of drugs,

and for the purpose of this subsection the independent person appointed
by the court is to be regarded as remaining with the applicant if he or she
is in the same room as the applicant.

(6)     The Secretary of State may by regulations specify—

(a)   the drugs and lethal dosages of them which may be prescribed to
give effect to an order under this Act,

(b)   the form and manner in which such prescriptions are to be issued
and drugs supplied, and

(c)   the manner and conditions under which such drugs are to be
dispensed, stored, transported, used and destroyed.

(7)     Regulations under subsection (6) shall provide that an independent person
appointed by the court shall—

(a)   deliver any lethal dosage of drugs prescribed under this Act to the
person for whom it has been prescribed immediately before its
intended use; and

(b)   in the event that the person decides not to self-administer the lethal
dosage of drugs immediately remove it from that person and, as
soon as reasonably practicable, return it to the pharmacy from
which it was dispensed.

(8)     Regulations under subsection (7) may—

(a)   make different provision for different purposes; and

(b)   include consequential, incidental, supplementary or transitional
provisions.”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 4 stand part
of the Bill.

After Clause 4

BARONESS CUMBERLEGE

LORD ALTON OF LIVERPOOL

114

Insert the following new Clause—

“Reporting

(1)     Immediately following the death of a person who has received assistance
with suicide under this Act, the attending doctor shall report the death to
the Coroner and submit a report to the relevant authority.

(2)     A report under subsection (1) shall include—

(a)   the declaration made by the person requesting assistance with
suicide;

(b)   the reports of any persons who assessed the request for assistance
with suicide;

(c)   an account of any discussions which the attending and second
doctors have had with the person requesting assistance with
suicide and with others close to that person; and

(d)   an account of the assistance with suicide which was given.”

BARONESS MORRIS OF BOLTON

LORD MCCOLL OF DULWICH

LORD MACKAY OF CLASHFERN

115

Insert the following new Clause—

“Rejected requests

(1)     No requests by a person for assistance with suicide under this Act may be
considered within six months of the date of the rejection of a previous
request by that person.

(2)     Any rejected request for assistance with suicide shall be noted on the
medical file of the person making the request along with a statement of
why the request was rejected.”

Clause 5

LORD STIRRUP

116

Page 4, line 7, after “conscientious” insert “or other”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

117

Page 4, line 7, leave out “objection” and insert “or other objection, or to refer an
applicant to another person”

LORD STIRRUP

118

Page 4, line 7, at end insert—-

“( )     A doctor or other healthcare professional who refuses for whatever reason
to participate in assessing a request for assistance with suicide under this
Act or in prescribing or supplying a lethal dose of drugs to a person who
qualifies under this Act for assistance with suicide shall be under no
obligation to refer the person making the request to another doctor for that
purpose.”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 5 stand part
of the Bill.

After Clause 5

BARONESS RICHARDSON OF CALOW

119

Insert the following new Clause—

“Hospices and registered residential care homes

(1)     The operator of a hospice or registered residential care home may register,
in respect of that hospice or registered residential care home, a
conscientious objection to the provisions of this Act with the Care Quality
Commission.

(2)     A person who is resident in a hospice or registered residential care home
may not be prevented from requesting assistance to end his or her own life,
or from receiving such assistance under the provisions of this Act, unless
he or she was informed in writing of a registered conscientious objection
operating within that hospice or registered residential care home before he
or she became resident there.

(3)     A person who has made a valid declaration under section 3 before
becoming resident at a hospice or registered residential care home must
inform the manager of that hospice or registered residential care home
before moving in, but he or she shall not be prevented from becoming
resident by reason of that declaration unless that hospice or registered
residential care home has previously registered a conscientious objection
under subsection (1).

(4)     Where a person who is resident in a hospice or registered residential care
home makes a valid declaration under section 3, that declaration shall
remain confidential between the person and his or her medical
professionals except—

(a)   insofar as the person chooses to disclose it, and

(b)   that the manager of the hospice or registered residential care home
must be informed immediately.”

Clause 6

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

120

Page 4, line 12, leave out “” and insert “”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 6 stand part
of the Bill.

Clause 7

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

121

Page 4, line 16, at beginning insert “Subject to section (Capacity of an applicant),”

LORD ALTON OF LIVERPOOL

122

Page 4, line 18, after “died” insert “solely”

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

123

Page 4, line 18, after “assistance” insert “with suicide”

LORD BLAIR OF BOUGHTON

BARONESS MURPHY

124

Page 4, line 19, at end insert—

“( )     Nothing in subsection (1) shall be taken to limit the powers of a coroner to
investigate a death where there are reasonable grounds to suspect that the
death has occurred in contravention of the provisions of this Act.”

BARONESS HOLLINS

125*

Page 4, line 22, leave out from beginning to end of line 8 on page 5 and insert—

“39B          Regulations: Suicide Act 1961 (Amendment) Act 2014

(1)     The Secretary of State must make regulations—

(a)   providing for any provision of this Act relating to the
registration of deaths to apply in respect of deaths which
arise from the provision of assistance in suicide in
accordance with the Suicide Act 1961 (Amendment) Act
2014 with such modifications as may be prescribed in
respect of—

(i)   the information which is to be provided concerning
such deaths;

(ii)   the form and manner in which the cause of such
deaths is to be certified; and

(iii)   the form and manner in which such deaths are to be
registered;

(b)   requiring the Registrar General to prepare at least once each
year a report providing a statistical analysis of deaths which
have arisen from the provision of assistance in accordance
with the Suicide Act 1961 (Amendment) Act 2014;

(c)   requiring regular reporting by the National Confidential
Inquiry into Suicide and Homicide of the clinical
circumstances of these deaths, including but not confined to
the mental health of the deceased person; and,

(d)   containing such incidental, supplemental and transitional
provisions as the Secretary of State considers appropriate.

(2)     Any regulations made under subsection (1)(a)(ii) shall provide for
the cause of death to be recorded as “Suicide” and shall be included
both in the statistics of deaths by suicide and separately under its
own subcategory as “Suicide (Suicide Act 1961 (Amendment) Act
2014)”.

(3)     Any report prepared by the Registrar General in accordance with
regulations made under subsection (1)(b) shall be laid before
Parliament by the Secretary of State.

(4)     The power of the Secretary of State to make regulations under this
section is exercisable by statutory instrument.

(5)     A statutory instrument containing regulations made under this
section by the Secretary of State is subject to annulment in
pursuance of a resolution of either House of Parliament.”

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

126

Page 4, line 22, leave out “” and insert “”

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

127

Page 4, line 26, after “assistance” insert “with suicide”

128

Page 4, line 26, leave out “Assisted Dying” and insert “Suicide Act 1961
(Amendment)”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

129

Page 4, line 26, leave out “Assisted Dying” and insert “Assistance with Suicide”

130

Page 4, line 38, leave out “Assisted Dying” and insert “Assistance with Suicide”

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

131

Page 4, line 42, leave out ““assisted death”” and insert ““assisted suicide””

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

132

Page 4, line 42, leave out second “death” and insert “suicide”

LORD BLAIR OF BOUGHTON

BARONESS MURPHY

133

Page 4, line 42, after second “death” insert “arising from the self-administration of
medicines supplied under the Assisted Dying Act 2014”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 7 stand part
of the Bill.

Clause 8

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

BARONESS HAYMAN

BARONESS MURPHY

134

Page 5, line 10, leave out “may” and insert “shall”

LORD ALTON OF LIVERPOOL

135

Page 5, line 13, leave out from “life” to end of line 21 and insert “has capacity
commensurate with the decision to end his or her own life and is making a decision
to end his or her own life which is fully informed and free from pressure, coercion
or duress from others or from a sense of obligation to others, and”

LORD ALTON OF LIVERPOOL

LORD GRIFFITHS OF BURRY PORT

136

Page 5, line 13, at end insert—

“( )   assessing whether the person is making a decision to end his
or her own life which is fully informed and free from
pressure, coercion or duress, or a sense of obligation or duty
to others;”

137

Page 5, line 14, leave out “to make” and insert “commensurate with making”

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

LORD CORMACK

BARONESS GREY-THOMPSON

138

Page 5, line 20, after “them” insert “, including the provision of appropriate social
care and support from their local authority,”

LORD ALTON OF LIVERPOOL

LORD GRIFFITHS OF BURRY PORT

139

Page 5, line 20, after “them” insert “, including specialist palliative care and pain
and symptom control,”

140

Page 5, line 21, after “life” insert “including the effect on others close to them”

BARONESS HAYMAN

BARONESS MURPHY

141

Page 5, line 21, after “life;” insert—

“( )   the counselling and guidance which should be made
available to a person who wishes to end their life;

( )   assessing whether the person has reached a settled intention
over the course of medical treatment;

( )   the arrangements for delivering medicines to the person for
whom they have been prescribed under section 4, and the
assistance which such a person may be given to ingest or
self-administer them;”

142

Page 5, line 25, at end insert—

“(3)     A code does not come into operation until the Secretary of State by order so
provides.

(4)     The power conferred by subsection (3) is exercisable by statutory
instrument.

(5)     An order bringing a code into operation may not be made unless a draft of
the order has been laid before, and approved by, a resolution of each
House.

(6)     When a draft order is laid, the code to which it relates must also be laid.

(7)     A person performing any function under this Act must have regard to any
relevant provision of a code and failure to do so shall not of itself render a
person liable to any criminal or civil proceedings but may be taken into
account in any proceedings.”

LORD ALTON OF LIVERPOOL

143

Page 5, line 25, at end insert—

“( )     Any such codes of practice shall preserve and be consistent with the
provisions specified in this Act governing the assessment of requests for
assistance with suicide.”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD TREFGARNE

LORD HARRIES OF PENTREGARTH

 


The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.

Clause 9

LORD MAWHINNEY

144*

Page 5, line 30, after “authority” insert “, including the appropriate police
authority.”

BARONESS CUMBERLEGE

LORD MACKAY OF CLASHFERN

LORD ALTON OF LIVERPOOL

145

Leave out Clause 9 and insert the following new Clause—

“Monitoring and scrutiny

(1)     The Secretary of State shall appoint a scrutiny commission (“the
commission”) and not more than seven subordinate commissions, each
covering a specified region of England and Wales, to receive and examine
reports from attending doctors and to determine whether the requirements
of this Act have been observed.

(2)     The Secretary of State shall bear in mind, when selecting members of the
commission and of its subordinate commissions, the existence of strongly-
held opinions both for and against the principle of legalised assisted
suicide and shall make appointments which he or she considers conducive
to achieving impartial and objective examination of the facts and to
bringing an appropriate level of challenge to the scrutiny of reports of
assistance with suicide.

(3)     Members of the commission and of its subordinate commissions shall serve
for a maximum of five years.

(4)     It shall be the role of the regional commissions to examine reports from
doctors who have assisted suicides under this Act, to reach conclusions as
to whether the terms of the Act have been faithfully observed and to
forward those conclusions to the commission in order to—

(a)   enable the commission to oversee how reports from doctors are
being examined and judgements on them made and thereby to
ensure consistency across all regions in the way that such reports
are handled;

(b)   provide a factual basis for the preparation by the commission of
annual reports on the operation of this Act to the Secretary of State;

(c)   enable the commission to provide advice to the Secretary of State on
the operation of the Act.

(5)     If the relevant regional commission is satisfied, having considered a report
of assistance with suicide form an attending doctor, that the requirements
of this Act have been fully met, it shall so inform the doctor concerned.

(6)     If the relevant regional commission has reservations over any aspect of an
attending doctor’s report of assistance with suicide, it shall seek further
information from the doctor concerned, either in writing or in person, in
order to reach a final judgement.

(7)     If the relevant regional commission is not satisfied that the requirements of
this Act have been complied with in their totality, it shall so inform the
doctor concerned and forward the case, with all the documentation
available, to the Crown Prosecution Service and to the General Medical
Council.”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD TREFGARNE

LORD HARRIES OF PENTREGARTH

 


The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill.

Clause 10

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

146

Page 6, line 11, leave out “3” and insert “1(2)(b)”

147

Page 6, line 12, leave out “3” and insert “1(2)(b)”

LORD ROWE-BEDDOE

LORD MAGINNIS OF DRUMGLASS

148

Page 6, line 13, at end insert—

“( )   gives or promises to give any benefit in connection with a request
for assistance with suicide and with the intention of influencing the
outcome of that request;

( )   accepts any benefit or promise of benefit in return for giving or
arranging a desired outcome to a request for assistance with
suicide; or

( )   does not notify the attending doctor if he or she has reason to
believe that a person who has made a declaration seeking assistance
with suicide under this Act wishes to revoke the said declaration
and is unable to do so or is being prevented, from whatever cause,
from doing so.”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

149

Page 6, line 15, leave out “3” and insert “1(2)(b)”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 10 stand
part of the Bill.

After Clause 10

LORD BLAIR OF BOUGHTON

BARONESS MURPHY

150

Insert the following new Clause—

“Duty to disclose information

(1)     Subsection (2) applies to any person who, based upon information
obtained in connection with the performance of any function under this
Act, has reasonable grounds to suspect that another person—

(a)   has committed an offence under section 10; or

(b)   is guilty of any wrongdoing in connection with this Act.

(2)     A person must, as soon as is reasonably practicable, disclose that suspicion
and the information upon which it is based to the appropriate authority.

(3)     In this section “appropriate authority” means—

(a)   the police;

(b)   a senior coroner; or

(c)   the regulatory body for any profession to which section 60(2) of the
Health Act 1999 (regulation of health professions, social workers,
other care workers etc.) applies.”

Clause 11

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 11 stand
part of the Bill.

Clause 12

BARONESS HOLLINS

151

Page 6, leave out lines 35 and 36

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD TREFGARNE

LORD HARRIES OF PENTREGARTH

 


The above-named Lords give notice of their intention to oppose the Question that Clause 12
stand part of the Bill.

Clause 13

LORD CARLILE OF BERRIEW

BARONESS O’NEILL OF BENGARVE

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

152

Page 7, line 6, leave out “Assisted Dying” and insert “Assistance with Suicide”

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

153

Page 7, line 6, leave out “Assisted Dying” and insert “Suicide Act 1961
(Amendment)”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

154

Page 7, line 7, leave out subsections (2) to (4) and insert—

“( )     This Act shall come into force on 1 January 2016.”

LORD ALTON OF LIVERPOOL

LORD GORDON OF STRATHBLANE

BARONESS HOOPER

LORD CORMACK

155*

Page 7, line 14, leave out subsection (4) and insert—

“(4)     This Act shall, subject to the following provisions of this section, expire at
the end of the period of five years beginning on the day that the provisions
in subsection (3) come into force.

(4A)    The Secretary of State may, by regulations made by statutory instrument,
provide that this Act shall not expire in accordance with this section but
shall continue in force—

(a)   indefinitely, or

(b)   for a specified period.

(4B)    A statutory instrument containing regulations under subsection (4A) may
not be made unless a draft has been laid before, and approved by a
resolution of, each House of Parliament.”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that Clause 13 stand
part of the Bill.

The Schedule

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

156

Page 8, line 3, leave out “” and insert “”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

157

Page 8, line 7, leave out “months” and insert “weeks”

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

LORD CORMACK

BARONESS GREY-THOMPSON

158

Page 8, line 10, at end insert “I have also been informed about the provision of
social care and support which is available to me from my local authority.”

BARONESS NICHOLSON OF WINTERBOURNE

LORD MAGINNIS OF DRUMGLASS

BARONESS O’NEILL OF BENGARVE

159

Page 8, line 11, after “information” insert “and having made an Advance
Declaration on [date]”

LORD HOWARTH OF NEWPORT

LORD MCCOLL OF DULWICH

160

Page 8, line 13, leave out “medicines” and insert “a lethal dosage of drugs”

BARONESS GREY-THOMPSON

LORD ALTON OF LIVERPOOL

161*

Page 9, line 2, at end insert—

 
“(1) has been assessed by me in accordance with the provisions of the
Suicide Act 1961 (Amendment) Act 2014;”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

162

Page 9, line 3, leave out from “and” to end of line 4 and insert “is expected by me
to die as a result of that terminal illness within six weeks of the date of his or her
making this declaration;”

BARONESS GREY-THOMPSON

LORD ALTON OF LIVERPOOL

163*

Page 9, leave out lines 5 to 9 and insert—

 
“(3) has been judged by me to have capacity commensurate with a
decision to end his or her own life and to have a clear and settled
intention to do so, which has been reached on a fully informed basis
and without pressure, coercion or duress from others or arising out of a
sense of obligation or duty to others.”

LORD MACKAY OF CLASHFERN

LORD CAVENDISH OF FURNESS

BARONESS GREY-THOMPSON

164

Page 9, line 8, at beginning insert “fully”

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

LORD CORMACK

BARONESS GREY-THOMPSON

165

Page 9, line 9, at end insert “including the provision of appropriate social care and
support from his or her local authority”

BARONESS FINLAY OF LLANDAFF

LORD RIBEIRO

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

166

Page 9, line 12, leave out “ Independent ” and insert “ Second

BARONESS GREY-THOMPSON

LORD ALTON OF LIVERPOOL

167*

Page 9, line 14, at end insert—

 
“(1) has been assessed by me in accordance with the provisions of the
Suicide Act 1961 (Amendment) Act 2014;”

BARONESS FINLAY OF LLANDAFF

LORD MACKENZIE OF CULKEIN

BARONESS CAMPBELL OF SURBITON

LORD CRISP

168

Page 9, line 15, leave out from “and” to end of line 16 and insert “is expected by me
to die as a result of that terminal illness within six weeks of the date of his or her
making this declaration;”

BARONESS GREY-THOMPSON

LORD ALTON OF LIVERPOOL

169*

Page 9, leave out lines 17 to 21 and insert—

 
“(3) has been judged by me to have capacity commensurate with a
decision to end his or her own life and to have a clear and settled
intention to do so, which has been reached on a fully informed basis
and without pressure, coercion or duress from others or arising out of a
sense of obligation or duty to others.”

LORD MACKAY OF CLASHFERN

LORD CAVENDISH OF FURNESS

BARONESS GREY-THOMPSON

170

Page 9, line 19, leave out “an” and insert “a fully”

BARONESS CAMPBELL OF SURBITON

BARONESS HOLLINS

LORD CORMACK

BARONESS GREY-THOMPSON

171

Page 9, line 21, at end insert “including the provision of appropriate social care and
support from his or her local authority”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

172

Leave out the Schedule and insert the following new Schedule—

“SCHEDULE

FORM OF DECLARATION

  Declaration: Assistance with Suicide Act 2014
 
Name of declarant:

Date of Birth:
 
Address:
 
I have [condition], a terminal condition from which I am expected to die
within three months of the date of this declaration.
 
I am of sound mind and I have a clear, settled and voluntary intention
to end my own life and I seek an Order from the Court that assistance
be provided to enable me to do so. I consider that in the absence of such
assistance my human rights under Articles 3 and 8 of the European
Convention on Human Rights would be breached.
 
I make this declaration voluntarily and in the full knowledge of its
significance. I understand that I may revoke this declaration at any
time.
 
Signature:

Date:
  Witness
 
Name of witness:
 
Address:
  Witness
 
Name of witness:
 
Address:”

LORD TREFGARNE

 


Lord Trefgarne gives notice of his intention to oppose the Question that the Schedule be the
Schedule to the Bill.

After the Schedule

BARONESS NICHOLSON OF WINTERBOURNE

LORD MAGINNIS OF DRUMGLASS

BARONESS O’NEILL OF BENGARVE

173

Insert the following new Schedule—

“SCHEDULE 2

FORM OF ADVANCE DECLARATION

  Advance Declaration: Assisted Dying Act 2014


Name of Declarant:


Date of Birth:


Address:

 
I [name] hereby declare that, in the event that my circumstances should
at a future time be such as to render me eligible for assistance with
suicide under the terms of the Assisted Dying Act 2014, I shall wish to
consider requesting lawful assistance to end my life under the terms of
the said Act.
 
I make this declaration of my own free will.
 
I understand that in making this declaration I am incurring no
obligation, should the circumstances referred to above arise, to proceed
with a request for assistance with suicide and that I may withdraw this
declaration at any time.


Signed:


Date:


Witnessed by:


Signed:


Name:


Address:


Date:”

In the Title

LORD MACKAY OF CLASHFERN

THE LORD BISHOP OF CARLISLE

LORD GORDON OF STRATHBLANE

174

Line 1, leave out from beginning to “; and” in line 2 and insert “Amend the Suicide
Act 1961 to make it lawful to provide specified means to end their own lives to
terminally ill persons who so request and so meet specified conditions”

LORD CARLILE OF BERRIEW

LORD DARZI OF DENHAM

LORD HARRIES OF PENTREGARTH

175

Line 1, leave out from “ill” to “and” in line 2 and insert “to apply to the High Court
of Justice for assistance with suicide if they consider that in the absence of such
assistance their rights under Schedule 1 to the Human Rights Act 1998 would be
breached;”

Prepared 6th November 2014